HomeMy WebLinkAbout03-6527Stipulations Against Liens
File Number 03-13282C
VILLAGE HOMES AT
WESTWOOD GLEN, INC., A
PENNS YL V.4NIA
CORPORATION
Owner
CHARTER HOMES BUILDING
COMPANY
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number
Page Number
, Pennsylvania
Term 19
Whereas, on this 5th day of December, 2003, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114
FOXSHIRE DRIVE, LANCASTER, PA i7601 has entered into a contract with VILLAGE HOMES AT WESTWOOD GLEN,
INC,, A PENNSYLVANIA CORPORATION ("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection
or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 614 BRISBAIN LANE, LOT 77,
WES'i3NOOD HILLS, Enola, PA 17025,, East Pennsboro Township, Cumberland, Pennsylvania described in Exhibit "A"
hereof, of which VILLAGE HOMES AT WESTVVOOD GLEN, INC,, A PENNSYLVANIA CORPORATION is the title holder
of record; and
Whereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be
erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor
or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived
hereby,
Now, This A~'ecment Wit~esseth: That Contractor, for and in consideration of the contract aforesaid and the
considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the
Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending
to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors,
materialman, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or
claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part
hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialman and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be
effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection,
construction and completion of the building as well as to any work and labor done and materials furnished under the
contract aforesaid.
A-,-ld, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of
ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas
of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for
Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any
subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor
or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any part
thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court,
Term and Number in which this instrument shall have been flied shall be a sufficient exhibit of the authority herein
contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner
of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
Y' OWNER
STIPULATION AGAINST LIENS- 2-8-00
File No. 03-13282CDFN
· ALL' THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County,
Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit:
BEGINNING at an iron pin in the northern line of a fifty (50) foot right of way known as Brisbain Lane, as it
appears on the aforesaid subdivision plan; marking the Phase V & IV boundary; thence along the eastern line of
Lot 65 of Westwood Hills Phase V, North sixteen degrees thirty-one minutes seven seconds West (14 16° 31'
07" W), ninety-six and ninety-eight hundredths (96.98) feet to an iron pin at the southwest comer of Lot 78;
thence along southern line of Lot 78, North eighty-five degrees forty-three minutes twenty-four seconds East (N
85° 43' 24" E), one hundred five and nine hundredths (105.09) feet to an iron pin at the western fifty (50) foot
fight-of-way known as Brisbain Lane; thence along the aforesaid western right-of-way, South four degrees
sixteen minutes thirty-six seconds East (S 04° 16' 36" E) to an iron pin, continuing along the western right-of-
way on a radius of fifteen and zero hundredths (15.00) feet, having a chord beating of South forty-eight degrees
forty-three minutes twenty-four seconds West (S 48° 43' 24" W), a chord of twenty-one and twenty-one
hundredths (21.21) feet to an iron pin; thence along the northern fifty (50) foot right-of-way known as Brisbain
Lane, South eighty-five degrees forty-three minutes twenty-four seconds West (S 85° 43' 24" W), twenty-five
and zero hundredths (25.00) feet to an iron pin, continuing along the aforesaid right-of-way on a radius of two
hundred ten and zero hundredths (210.00) feet, having a chord beating of South seventy-nine degrees thirty-six
minutes eight seconds West (S 79° 36' 08" W), a chord of forty-four and seventy-eight hundredths (44.78) feet
to an iron pin the place of BEGINNING.
BEING Lot No. #77 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81,
Page 106.
SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan.
~,TION AGAINST LIENS- 2-8-00